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Business Law
Practice Questions
78
Law
Undergraduate 3
09/21/2010

Additional Law Flashcards

 


 

Cards

Term

A                 is a non-trespassory invasion of another's interest in the private use and enjoyment of land.

A. trespass to real property

B. Nuisance

C. Interference with contractual relations

D. Fraudulent misrepresentation

Definition
B. Nuisance
Term

A con artist who goes door to door and collects money for a false charity most likely commits:

A. Duress

B. Embezzlement

C. Extortion

D. False pretenses

Definition
D. false pretenses
Term

A defamatory communication which is typewritten or printed is referred to as...

A. libel

B. Slander

C. False Light

D. Fraudulent misrepresentation

Definition
A. libel
Term

John parks his car in front of his house. Nicole pushes John's car around the corner. John looks for his car but cannot find it for several hours. Nicole is liable to John for:

A. Conversion

B. Trespass to personal property

C. Disparagement

D. Compensatory damages

 

Definition
B. trespass to personal property
Term
A person may employ deadly force to protect his property. T/F?
Definition
False
Term

A pine tree growing in a forest is:

A. personal property

B. Real property

C. Intangible property

D. Converted property

Definition
B. real property
Term

A public prosecutor acting in his official capacity who brings a criminal proceeding against a defendant who is acquitted by a jury in less than five minutes has absolute immunity from liability for malicious prosecution.

T/F?

Definition
True
Term
Al, the bus driver on a cross country Greyhound, kisses Susie, a passenger, while she sleeps. Can Al be sued for battery?
Definition
yes.
Term
Alice was married a long time ago, and now she is ready to marry another man. The man's sister found out and told his parents. Alice wants to sue his sister for public disclosure of private facts. Does Alice have a case?
Definition
No. Marriage is a public fact. Not a private one.
Term

Andrew saw Michael and his pregnant wife Catherine walking down the street and intentionally drove his car into Michael as a joke. Michael wasn't injured, but his wife suffered mental distress and needed to be hospitalized. Which tort did Andrew commit?

A. Andrew has no liability to Catherine, because he has not committed a tort against her

B. Andrew has committed the tort of battery against Catherine

C. Andrew has committed the tort of battery against Michael, but nothing against Catherine

D.Tort of intentional infliction of emotional distress against Catherine

Definition
D.Tort of intentional infliction of emotional distress against Catherine
Term

Anita included Bob's name and photo in a list of the FBI's top ten criminals. Bob has never been convicted of any crime and is horrified by the thought of being thought a criminal. What can this be categorized as?

A. Defamation

B. Intrusion

C. Nuisance

D. Either defamation or false light

Definition

 

D. Either defamation or false light

Term

Andy wrote a defamatory letter regarding Bill Baker which he mailed to Bill, but he didn't show anyone else.

A. Andy committed the tort of slander

B. Arthur committed the tort of libel

C. Arthur has committed neither libel nor slander, because there has been no publication of the letter

D. Andy has committed the tort of false light

Definition
C. Arthur has committed neither libel nor slander, because there has been no publication of the letter
Term

David wrote a defamatory letter regarding Susie which he didn't show anyone, but posted it on a bulletin board at the laundromat.

A. David committed the tort of slander.

B. David committed the tort of libel.

C. David committed neither libel nor slander because of no publication.

D. David committed the tort of false light

Definition
B. David committed the tort of libel.
Term

Frank doesn't like John, so he writes untrue rumors about his personal lifestyle and sexual practices which harm John's reputation in the community.

A. Frank is guilty of libel

B. Frank is guilty of defamation

C. Frank is guilty of slander

D. Frank is guilty of both defamation and libel

Definition
D. Frank is guilty of both defamation and libel
Term

Someone fired a gun in the middle of the desert. He didn't think anyone was around the area. The bullet hit someone across the desert.

A. This person committed the tort of assault

B. This person committed the tort of battery

C. Its unlikely that this person has the necessary intent to commit a tort

D. This person has committed the tort of intentional infliction of emotional distress

Definition
C. Its unlikely that this person has the necessary intent to commit a tort
Term

As used in tort law,               does not require a hostile or evil motive but rather denotes that the actor desires to cause the consequences of his act.

A. battery

B. intent

C. assault

D. defamation

Definition
B. intent
Term

Big Bucks, Inc. fires one of its employees and then, when asked for a reference on him makes some untrue statements which prevent him from finding a job. Big Bucks is liable for defamation.

T/F?

Definition
True
Term

The tort regarding public disclosure of private facts applies to private, not public information regarding an individual, but unlike intrusion it requires                 

A. publicity

B. intent

C. malice

D. disregard

Definition
A. publicity
Term

Bodily contact that is harmful or offensive can give rise to the tort of:

A. assault

B. battery

C. defamation

D. appropriation

Definition
B. Battery
Term

Who owns the rivers and streams of Florida?

A. Landowners on either side of the stream

B. No one.

C. The state of florida

D. The U.S Government

Definition
C. the state of florida
Term

While having something to eat for lunch in the cafe, Neal sees Sid in a mirror, but he is unable to escape the blow. Most likely Sid has committed the tort of:

A. Assault only

B. Battery only

C. Defamation only

D. Assault and Batter

Definition
D. Assault and Battery
Term

Which one of the following is NOT one of the torts included within invasion of privacy?

A. Nuisance

B. Intrusion

C. Approprition

D. False Light

Definition
A. Nuisance
Term

Which of the following places another in apprehension of immediate bodily harm?

A. infliction of emotional distress

B. False imprisonment

C. battery

D. assault

Definition
D. assault
Term

Which is not characterized by publication?

A. False Light

B. Appropriation

C. Public Disclosure of Private Facts

D. Defamation

Definition
D. Defamation
Term

Which of the following is not an invasion of a person's right to privacy?

A. appropriation

B. unreasonable public disclosure of private facts

C. defamation

D. false light

Definition
C. defamation
Term

Which is not a type of defense to defamation?

A. constitutional privilege

B. Subjective privilege

C. conditional privilege

D. absolute privilege

Definition
B. Subjective privilege
Term

Which of the following is NOT a privilege?

A. absolute

B. Federal

C. Constitutional

D. conditional

Definition
B. Federal
Term

Which is not a component of a tort?

A. Proximate cause

B. Breach of duty

C. Restitution

D. Duty

Definition
C. Restitution
Term

Example of personal property?

A. Coal in the ground

B. Fruit on a tree

C. Growing pine trees

D. A board built into the wall of a house

Definition
B. Fruit on a tree
Term

Which of the following can be raised as a defense to a claim of defamation?

A. statement was true

B. There was constitutional privilege to comment about the plaintiff and that the statement was made without malice

C. there was conditional privilege to comment on the matter alleged to be defamatory

D. All of the above

Definition
D. All of the above
Term

Viewing the private papers or emails of another person without permission is an example of:

A. intrusion

B. public disclosure of private facts

C. false light

D. appropriation

E. Defamation

Definition
A. intrusion
Term

2 absolute defenses to the tort of defamation are:

A. truth and self-defense

B. truth and privilege

C. privilege and self-defense

D. truth and defense of property

 

Definition
B. truth and privilege
Term

Tort law is primarily common law

T/F?

Definition
True
Term

To have the tort of false light, yo must show that the information communicated was:

A. true and communicated to many people

B. False, and communicated to many people 

C. True and communicated

Definition
B. False, and communicated to many people
Term

Timothy and his friend are playing catch in the backyard when Tim suddenly throws the ball over the fence into the neighbor's yard where it breaks the window. This is trespass to real property even if Tim himself doesn't go onto the property to get the ball

T/F?

Definition
True
Term

Carolyn takes Steve's car to the store with his permission. While there, she meets a group of her friends who were on the way to the beach. Se leaves Steve's car at the store and goes away for the entire day. If Steve successfully sues Carolyn for trespass, he will:

A. recover the value of the car

B. recover the value of the time he did not have use of the car

C. recover the car's original price

D. only recover the car

Definition
B. recover the value of the time he did not have use of the car
Term

Handwritten, typewritten, printed, or pictorial defamation is:

A. false light

B. libel

C. slander

D. disparagement

Definition
B. libel
Term

Conversion is a civil form of larceny or theft

T/F?

Definition
True
Term

Defense of property allows

A. reasonable force including deadly force

B. reasonable force but not including deadly force

C. No force

Definition
B. reasonable force but not including deadly force
Term

Defense of property allows

A. reasonable force including deadly force

B. reasonable force but not including deadly force

C. no force

Definition
B. reasonable force but not including deadly force
Term

Defenses to intentional torts include:

A. self defense and consent

B. defense of others and consent

C. self defense of property

D. all of the above are valid defenses

 

Definition
D. all of the above are valid defenses
Term

Disparagement differs from defamation in that defamation pertains to personal reputation, whereas disparagement pertains to business interests

T/F?

Definition
True
Term

Harms or injuries that a re tortuous may be inflicted: 

A. intentionally

B. negligently

C. without fault

D. in all of the above ways

Definition
D. in all of the above ways
Term

How far down does a landowner own the land?

A. 20 feet

B. to the center of the earth

C. as far down as he/she can reasonable use

D. only the surface unless he/she has a separate deed for the mineral rights

Definition
B. to the center of the earth
Term

If a licensee remains upon land after his invitation has expired, he becomes:

A. a trespassor

B. a criminal

C. an invitee

D. a squatter

Definition
A. a trespassor
Term

If a publication prints defamatory material concerning a public figure, the individual may recover compensatory damages if he can show:

A. actual malice

B. negligence

C. strict liability

D. constitutional privilege

Definition
A. actual malice
Term

In order to sue for battery, a plaintiff must prove that he or she has received a physical injury

T/F?

Definition
False
Term

In order to support a finding that the defendant's negligence was the proximate cause of the plaintiff's injury, it was first necessary that the defendant's conduct was:

A. the actual cause of the injury

B. a negligent act

C. intended to harm the plaintiff

D. the cause of harm to the plaintiff

Definition
A. the actual cause of the injury
Term

Bodily contact that is harmful or offensive can give rise to the tort of:

A. assault

B. battery

C. defamation

D. appropriation

Definition
B. battery
Term

Carl criminal threw a bomb into the office of his insurance agent intending to kill the agent because the company had disallowed his claim. The agent wasn't in the building, but the bomb seriously injured his secretary, who was working in the office.

A. Carl cannot be liable to the secretary for any torts because he did not intend to hurt her.

B. The intent to harm the agent is transferred to the secretary who can sue Carl for her injuries.

C. Carl committed a crime, but he is not liable for any torts.

D. Carl has committed the tort of intrusion.

Definition
B. The intent to harm the agent is transferred to the secretary who can sue Carl for her injuries
Term

Claudia's baby daughter Carolyn is snatched from her arms at the grocery store. The kidnapper threatened to drop the baby if the store did not hand over the contents of the vault. Claudia may:

A. trip the kidnapper because she is limited to non-life threatening force.

B. shoot the kidnapper since she can protect the baby in the same way as herself

C. not seriously harm the kidnapper since she is not in danger

D. only call the police since she cannot take the law into her own hands

Definition
B. shoot the kidnapper since she can protect the baby in the same way as herself
Term

Cliff's former roommate tells Cliff's girlfriend that he and Cliff smoked marijuana when they were roommates. Assuming the state is true, Cliff can successfully sue for:

A. defamation

B. slander

C. false light

D. public disclosure of private facts

Definition
D. public disclosure of private facts
Term

Clyde points a toy gun at his next door neighbor and threatens to shoot. If the neighbor brings suit for assault.

A. he will lose because only a toy was involved

B. he will lose because Clyde never fired the gun

C. he will win if he can show Clyde thought the gun was real

D. he will win if he can show that he reasonably believed the gun to be real

Definition
D. he will win if he can show that he reasonably believed the gun to be real
Term

Disparagement differs from defamation in that defamation pertains to personal reputation, whereas disparagement pertains to business interests.

T/F?

Definition
True
Term

Incompetent individuals are:

A. generally held liable for their torts

B. generally not held liable for their torts

C. generally held liable if they are over 18 years of age

D. generally held liable only if the tort is also a crime

Definition
B. generally not held liable for their torts
Term

Intentional conduct by one person directed at another that places the other in apprehension of immediate bodily harm or offensive contact is called:

A. battery

B. assault

C. false imprisonment

D. infliction of emotional distress

Definition
B. assault
Term

Intentional infliction of emotional distress will protect a person from abusive language and rudeness.

T/F?

Definition
False
Term

Intentional interference with property does not include:

A. conversion

B. nuisance

C. trespass to real property

D. intrusion

Definition
D. intrusion
Term

Intentional torts that involve interference with personal rights include:

A. battery

B. false imprisonment and malicious prosecution

C. defamation and invasion of privacy

D. all the above

Definition
D. all the above
Term

Invasion of privacy includes:

A. appropriation

B. intrusion

C. public disclosure of private facts

D. all the above are invasion of privacy

Definition
D. all the above are invasion of privacy
Term

Mark gave the keys to his apartment to his friend Jack so Jack could sleep after pulling an all nighter. When Jack walked in, Mark's roommate, Sam, was standing behind the door in the dark holding a baseball bat over his head. Jack flicked on the light and Sam saw it was Jack, so he lowered the bat before Jack noticed him.

A. Jack is guilty of assault

B. Sam is guilty of assault

C. Both Sam and Jack are guilty of assault.

D. Neither Jack nor Sam is guilty of assault.

Definition
D. Neither Jack nor Sam is guilty of assault.
Term

Mary does not want her movie-star cousin Cindy to attend a school dance; Mary phones Cindy and tells her that if she leaves her house on the night of the dance, Mary will send a letter to the dean in which she'll accuse Cindy of being an ax murderess. Cindy, although she knows the accusation is false, is afraid of expulsion from the chess club and very reluctantly remains home and missed the dance. Mary has committed the tort of:

A. libel

B. slander

C. false imprisonment

D. none of the above

Definition
D. none of the above
Term

Mary's car was parked just outside the east door of the Civic Center. When she tried to exit,three ominous-looking gang members were blocking the door. She called the police who arrested the three for loitering. If Mary brings suit against them for false imprisonment:

A. she will lose if there was another exit she could have used

B. she will lose because she was not harmed by the confinement

C. she will win even if there was another way out because she was, in effect, being confined to the Civic Center

D. she will win because they were blocking her passage to her car

Definition
A. she will lose if there was another exit she could have used
Term

Mary's defense to Cindy's suit if Cindy is an ax murderess is:

A. familial privilege

B. the statement was made without malice

C. truth

D. that the dean never published the letter

Definition
C. truth
Term

Mary's friend, Cindy, is a movie star and in order to maintain a defamation action, she will probably have to prove the additional element of:

A. false imprisonment

B. truth

C. infliction of emotional distress

D. malice

Definition
D. malice
Term

One who speaks a false statement to a third person that results in harm to another's monetary interest, and the speaker knows the statement is false, is guilty of:

A. slander

B. defamation

C. disparagement

D. libel

Definition
C. disparagement
Term

One who publishes a false statement that results in harm to another's monetary interest, and the publisher knows the statement is false, is guilty of:

A. intrusion

B. defamation

C. disparagement

D. libel

Definition
C. disparagement
Term

One of the newer types of wrongdoing recognized as tortuous and imposing liability upon the wrongdoer for money damages is that of:

A. defamation

B. appropriation

C. intentional infliction of emotional distress

D. interference with contractual relations

Definition
C. intentional infliction of emotional distress
Term

On December 2, the Houston Oilers were playing the Pittsburgh Steelers. On a particular play, the Steelers defensive end who was rather frustrated because Manning, the quarterback, had completed passes for 450 yards, grabbed Manning by the face guard, jerked Manning's helmet off and hit Manning over the head with it. Manning filed suit against the Steelers defensive end. The defensive end contends that he has a valid defense to this tort in that Manning consented to participate in the game. Which of the following most accurately represents the status of that defense?

A. This is a valid defense

B. The defense is not valid because football is a rough game

C. The defense is not valid because football involves tackling and bodily contact and the most that could be derived from this would be a 15 yard penalty.

D. The consent is not valid because of the intentional actions of the Steeler's end.

Definition
D. The consent is not valid because of the intentional actions of the Steeler's end.
Term

The intentional dispossession or unauthorized use of the personal property of another is known as:

A. conversion

B. trespass to personal property

C. fraud

D. stealing

Definition
B. trespass to personal property
Term

The intentional control or dominion of another's personal property to the extent that the owner can not use it for a long period of time is the tort of:

A. nuisance

B. conversion

C. appropriation

D. larceny

Definition
B. conversion
Term

The Hometown News snapped a picture of Tim Teenager as he was sleeping under a tree in the park on a warm spring day. They printed the picture on the front page of the paper. Headline read "Local citizen enjoys summer weather on lunch break."

A. The News is guilty of intrusion

B. The News is guilty of false light

C. The News s guilty of appropriation

D. It is unlikely that the News is guilty of any tort

Definition
D. It is unlikely that the News is guilty of any tort
Term

The following is the intentional and improper interference with the performance of a contract by inducing one of the parties not to perform it.

A. breach

B. fraudulent misrepresentation

C. disparagement 

D. interference with contractual relations

Definition
D. interference with contractual relations
Term

The Crackle Breakfast Food Company puts Arthur Attorney's picture on the Crackle box without first getting his permission. Arthur can sue for appropriation.

T/F?

Definition
True
Term

While having lunch in the cafe, Sid notices his best friend being picked on by the class bully, Neal. Sid picks up a handy stick, and sneaks up behind Neal and knocks him unconscious. Most likely Sid has committed the tort of:

A. assault only

B. assault and battery

C. battery only

D. defamation only

Definition
C. battery only
Term

Which of the following requires communication to but ONE person other than the person who is the subject of the communication to be a tort?

A. public disclosure of private facts

B. defamation

C. false light

D. intrusion

Definition
B. defamation
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